Off-sales in the Community
ANNEX A
A Draft amendment of the Civic Government (Scotland) Act 1982
Sub-para. 3 of schedule 1
Amended to show a possible adaptation for objections and representations for a premises licence in a new licensing Act.
Objections and representations
3(1) Any objection or representation relating to an application for the grant of a premises licence or the variation of an operating plan shall, subject to sub-paragraph (2) below, be entertained by the licensing board if, but only if, the objection or representation -
(a) is in writing;
(b) specifies the grounds of the objection or, as the case may be, the nature of the representation and states the basis upon which the person making it can demonstrate a real and material interest in making such objection or representation;
(c) specifies the full name, address, postcode, telephone number and e-mail address (if available) of the person making it;
(d) is signed by him/her or on their behalf;
(e) was made to them within 21 days of the day that public notice of the application is made under paragraph xx above.
(2) Notwithstanding sub-paragraph 1(e) above, it shall be competent for a licensing board to entertain an objection or representation received by them before they take a final decision upon the application to which it relates if they are properly satisfied that there is good and sufficient reason why it was not made in the time required under that sub-paragraph.
(3) An objection or representation shall be made for the purposes of sub-paragraph (1) above if it is sent to the licensing board in any of the following ways:-
delivered by hand within the time specified or
posted (by registered or recorded or special delivery post) so that in the normal course of post it might be expected to be delivered to them within that time or
faxed within that time and an acknowledgment of the fax is kept or
e-mailed within that time and an acknowledgement of the e-mail is kept
(4) The licensing board shall send, within 7 days of receipt, in any of the following ways:-
delivered by hand within the time specified or
posted (by registered or recorded or special delivery post) so that in the normal course of post it might be expected to be delivered to them within that time or
faxed within that time and an acknowledgment of the fax is kept or
e-mailed within that time and an acknowledgement of the email is kept
a copy of any relevant objection or representation (within the meaning of paragraph xx below) to the applicant to whose application it relates